by Harroljac Investigator
Investigator

Buongiorno games refund

Sorry not good at this but have posted under EE app. I am trying to get a full refund from this company who got my mobike number and ckaims l subscribed. I am 65 yrs old and never pkay games on my handset. There has been much tooing and froing with this company. Below the most recent email, any legal or technical levers there which l can challenge to get a full refund of £195.43 over 10 months (2/8/16).

Dear Mr Harriott,

Your enquiry has been escalated to me due to the ongoing dispute over the charges incurred, my name is James and I am the Customer services & Compliance Manager.

I have undertaken a review of the case from beginning to end, and I can see you are still dissatisfied with the conclusion and dispute the evidence that we have provided.
Refusing to recognise the evidence that we have document doesn’t mean that the service hasn’t been accessed from the handset and the charges applied to the number [redacted] as previously demonstrated.

We have the handset make and model that was identified when our service was accessed, Mozilla/5.0 (Linux; Android 4.4.3; HTC Desire 510 Build/KTU84L) AppleWebKit/537.36 (KHTML, like Gecko) Version/4.0 Chrome/33.0.0.0 Mobile Safari/537.36

From your correspondence, I would like to address some points raised, you cannot be subscribed to our services by just clicking one button on a popup advertisement. As the user flow that was sent to you clearly illustrates, to subscribe you must complete a robust Three-step process. The first step would be clicking on our advertised product on a banner ad while using your smartphone on the internet, you would then be sent to our joining page with clear pricing and the terms and conditions of the service below, clicking on the SUBSCRIBE NOW BUTTON is to confirm that you understand the cost, billing frequency and terms of the service that were displayed on the page, you then will be redirected to another page to CONFIM the service, then you would have been directed to the game of choice and a Welcome message will then be received by the handset.

A copy of the welcome message that was sent and received by [redacted] is below, this was sent on the 02/08/2016 at 15:00.

“FreeMsg: Play TaptoFun on all ur devices & PC! Enter PIN 4708 & the mobile number you used to subscribe: www.taptofun.co.uk/login to start playing!”

In order for Buongiorno to operate within the UK market, we must comply with all regulations and follow the steps highlighted above.

Having reviewed your case in full, including the information provided to you in our investigation response I can see that you only accessed our service once and played one game. I have taken the decision to refund you £96.75 which is 50% of the total amount charged in the interest of good customer service and as a gesture of goodwill.

Please note, this is the only offer we are willing to make and should it be declined, the amount will be revoked in full and a deadlock letter issued.

Should you accept, the funds will be processed via PayPal using [redacted] and will be credited to your account within 10 working days. If you do not already have an existing PayPal account an email will be sent to the above address which will contain a link to enable you to claim the funds.

In order to begin processing the funds all we require is for you to confirm the above email address is correct and that you accept the proposed amount in full and final settlement of your complaint.

If you have any further questions, please do not hesitate to contact me.

Kind Regards

James

Customer Services & Compliance Manager

 

[mod edit: please do not post personal information such as phone numbers on the public board. Thanks!]

7 REPLIES
by Grand Master
Grand Master

Re: Buongiorno games refund

@Harroljac  So they have provided and proven that the service was used as a game was played.  Do you have any grandchildren that could of played with your device and subscribed you to the service? 

by
EE Community Support Team

Re: Buongiorno games refund

Hi @Harroljac

 

Thanks for coming to community Smiley Happy

 

Have you contacted the person you have been corresponding with?

 

As you've now escalated this, I would recommend further corresponding with that person to reach a resolution satisfactory to you.

 

Richard

 

Smiley Happy

by Harroljac Investigator
Investigator

Re: Buongiorno games refund

Thankyou for your response. I have been incontact with them over 8 weeks. I am attaching their recent email, see below, sent on Mondat 17/7/17

Can anyone see any legal / technical levers in their email which l can challenge them with to get a full refund of £195.43. Any help would be so helpful to me.

 

 

Dear Mr Harriott,

Your enquiry has been escalated to me due to the ongoing dispute over the charges incurred, my name is James and I am the Customer services & Compliance Manager.

I have undertaken a review of the case from beginning to end, and I can see you are still dissatisfied with the conclusion and dispute the evidence that we have provided.
Refusing to recognise the evidence that we have document doesn’t mean that the service hasn’t been accessed from the handset and the charges applied to the number 07xxxxxxxxxx as previously demonstrated.

We have the handset make and model that was identified when our service was accessed, Mozilla/5.0 (Linux; Android 4.4.3; HTC Desire 510 Build/KTU84L) AppleWebKit/537.36 (KHTML, like Gecko) Version/4.0 Chrome/33.0.0.0 Mobile Safari/537.36

From your correspondence, I would like to address some points raised, you cannot be subscribed to our services by just clicking one button on a popup advertisement. As the user flow that was sent to you clearly illustrates, to subscribe you must complete a robust Three-step process. The first step would be clicking on our advertised product on a banner ad while using your smartphone on the internet, you would then be sent to our joining page with clear pricing and the terms and conditions of the service below, clicking on the SUBSCRIBE NOW BUTTON is to confirm that you understand the cost, billing frequency and terms of the service that were displayed on the page, you then will be redirected to another page to CONFIM the service, then you would have been directed to the game of choice and a Welcome message will then be received by the handset.

A copy of the welcome message that was sent and received by xxxxxxxxxxx is below, this was sent on the 02/08/2016 at 15:00.

“FreeMsg: Play TaptoFun on all ur devices & PC! Enter PIN 4708 & the mobile number you used to subscribe: www.taptofun.co.uk/login to start playing!”

In order for Buongiorno to operate within the UK market, we must comply with all regulations and follow the steps highlighted above.

Having reviewed your case in full, including the information provided to you in our investigation response I can see that you only accessed our service once and played one game. I have taken the decision to refund you £96.75 which is 50% of the total amount charged in the interest of good customer service and as a gesture of goodwill.

Please note, this is the only offer we are willing to make and should it be declined, the amount will be revoked in full and a deadlock letter issued.

Should you accept, the funds will be processed via PayPal using jxxxxxxxx@aol.com and will be credited to your account within 10 working days. If you do not already have an existing PayPal account an email will be sent to the above address which will contain a link to enable you to claim the funds.

In order to begin processing the funds all we require is for you to confirm the above email address is correct and that you accept the proposed amount in full and final settlement of your complaint.

If you have any further questions, please do not hesitate to contact me.

Kind Regards

James

Customer Services & Compliance Manager

by
EE Community Support Team

Re: Buongiorno games refund

Hi @Harrolijac

 

Thanks for posting again Smiley Happy

 

Best of luck getting your resolution.

 

Richard

 

Smiley Happy

by Harroljac Investigator
Investigator

Re: Buongiorno games refund

James at BG came back at me with the same offer of 50% of my full refund. Do l accept but let them know l am not signing a disclaimer as l have rights as a consumer, go back with a refusal and state l want a full refund or go through Small Claims court to get my money back.

Below the most recent response, l am looking for concrete suggestions here to gelp me resolve this scandalous practice.

 

Dear Mr Harriott,

Thank you for your response.

In regards to your claim around rogue software and automated texts being sent, Buongiorno is regulated by the PSA who undertake tests and compliance checks on all our services continuously, along with EE and various other auditing houses. Our products have never been under any formal investigation, and we comply with all the regulatory rules that are applicable and are more than happy to assist the regulator when asked.

I have once again attached a record of all the messages that have been sent, verified, delivered and acknowledged to the handset, once again this practise is regulated by the PSA.

As you can clearly see the welcome message was acknowledged on the 02/08/2016 at 15:00, the message read - FreeMsg: You are subscribed to www.taptofun.co.uk for £4.50p/week. Your first 24hrs are free! Send stop to 60113 to leave. Help? 02076499636.

In terms of your spend our records show that you were charged £4.50 a week from 02/08/2016 until you were un-subscribed on 01/06/2017. Our records show that you were last billed on 01/06/2017 that is a total of 43 weeks.

£4.50 a week for 43 weeks comes to £193.50 in total, our offer of 50% would equal £96.75

I understand that at this stage of your enquiry you have mentioned Action Fraud and dispute resolution unfortunately I believe they will be unable to assist you, your best course of action will to be to complaint to the designated regulatory body the Phone-Paid Services Authority (PSA).

Their service is independent and free to use and as the UK regulator for content goods and services charged to a phone bill, they can offer support and advice regarding complaints of this nature. The PSA also has the authority to look further into these complaints; and in cases where a provider is found to be operating in breach of the PSA Code of Practice, they can impose a variety of sanctions.

Contact Details:

PSA
25th floor,
40 Bank Street,
London, E14 5NR
0300 30 300 20 (Monday – Friday, 9:30am – 17:00pm)
www.psauthority.org.uk

We feel we done everything asked of us in terms of regulation and customer care to evidence how you were subscribed and why we have refused a full refund, I am happy to keep this offer of a refund of 50% £96.75 open should you wish to accept it but this is only gesture of goodwill and our full and final offer.

If you have any further questions, please do not hesitate to contact me.

Kind Regards
James

 

by
EE Employee

Re: Buongiorno games refund

Hi @Harroljac

 

Have you contacted the PSA as advised in the correspondence?

 

I would advise you to get in touch with them for some advice.

 

Thanks - Karen. Smiley Happy

by Newyorker Investigator
Investigator

Re: Buongiorno games refund

Hi

I have had the same problem and after a few emails and refusing to accept anything other than a full refund I have now received all my money back. 

Email pay phone plus to report the issue and also contact citizen advise via their website.

 

Good luck. Do not give up.  

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